Waiter's Story of Arrest as a Spy

Horowhenua Chronicle, 14 February 1918, Page 4

Waiter's Story of Arrest as a Spy

A TAKEN TO CHESTER CASTLE DURING KING'S VISIT. FAILS IN A SLANDER ACTION AGAINST THE MILITARY. Put vufder detention in Chester Castle 'whilst the King was passing through the City. Accused of being in possession of military papers which he had obtained by fraud; and declared to be a spy. Thesc'-,were some of the charges which a waiter, Marcus Julian Gerard, of Kennington Road, London, alleged had been made against him by Major R. M. Mackay, a'Provost Marshal of the Western Command, and in Mr Justice Darling's Court (London) on November 30 lie claimed damages for slander and false imprisonment. Plaintiff was a British subject, and was rejected under the Derby scheme two years ago. He was again rejected last year. On May 14 last, whilst employed as head waiter at the Queen's Hotel, Chester, he was called to the manager's office, where Major Mackay asked him why he was not in the army. He replied that he had been medically rejected, and Major Mackay said "Nonsense, "and asked to see his papers. Gerard produced his registration card and also papers to show that he was in the Royal Garrison Artillery in 1902. of his Army papers was refused Next day Detective Grey, acting as defendant's agent, took Gerard to London, where he was again medic„3ly examined and then set free. He had some form TAKEN TO CHESTER CASTLE. After examining the documents Major Mackay said: "These papers are out of order. You have no right to them. " You obtained them by fraud. You arc not a British subject. You are a spy.'' The result was that Gerard was detained in the hotel for four hours ,and then taken to Chester Castle, where!ho was medically examined, and, as he understood, declared to be no good for the Army. Later he was re-exam-ined by a specialist and classified 82. He was then released and ordered to go to London. His request for the return of heart disease. Defendant had stated in his defence that lie caused Ger' 1 rd to be detained "during such time as His Majesty the King was passing through the streets of Chester." "I would like to know,'' said counscl, "what act of disloyalty this invalided soldier gave expression to, that made this officer apprehensive that the safety of the King would be in danger if the plaintiff were not arrested." INVALIDED OTJT OF ARMY.

Plaintiff said he was born in Manchester in 1880. When he produced his registration card the Major said: "Oh, Geneva Club, Shaftesbury avenue. That is how you are dodging it, is it?

You have not changed your address."

He refused to listen" to witness's explanation, and said: "You are a shirk-' er. You are not a British subject, and

you are a spy.." Witness replied: "I

am nothing of the kind. I have been in the British Army, Royal Garrison Artillery ,'and invalided out of it.'' He said: "You will have to go to the Castle. I shall get you an' escort. Don't attempt to leave the hotel.''

Cross-examined by the Solicitor-Gen-eral Gerard said that he did not remember ever seeing his father, and ho saw little of his mother, who was an actress. He had always understood that ho was born in Manchctser, and that his name was Marcus Julian Gerard, but he enlisted in the E.G.A. in 1902 under thq name of William Fuller. There was no record of his birth at Somerset Housfc. The Solicitor-General: Before the war the Geneva Club was chiefly run by Germans, was it not?—l did not belong to it before the war. WHY WAITER WAS DETAINED. Major MacKay said that last May it was his -duty to supervise the arrangements for the visit of the King to Chester.' When Gerard was summoned he produced his registration card, which showed his address as the Geneva Club, Shaftesbury avenue. Witness regarded that as insufficient , and his suspicions wer,e aroused because the Geneva Club was an alien institution. Plaiiitiff's papers did not appear to be filled up correctly, and one bore the signature of '' W. Murphy.'' Colonel Murphy's name had been forged to certain documents, and he had instructions to question every document bearing his name. The signature was forged by means of a rubber stamp. It was untrue that ho told plaintiff that he had obtained his papers by fraud, and that he was not a British subject; whilst he did not accusc him of a spy or put him under restraint. Whilst under cross-ex-' animation a letter was read which the major wrote to Dctective Grey pointing out that plaintiffs' papers did not appear to be in order, and that in view of the King's arrival he thought it best to have them examined. It said further:

"The papers may be all right, but if they arc not it would never do to have a man of foreign appcaranco and accent loose in the crowd. (Jerard should only bo detained to establish his identity, and he should not bo made to believ.e that he has boon arrested. His detention has only been-necessitated by the abnormal conditions connected with His Majesty's visit." Lieutenant John Alexander Grey, of the Headquarters Staff of the Western Command, said that before joining the Army he was in the C.I.D. at Scotland Yard. He was appointed to assist the I Provost Marshal. Plaintiff went voluntarily to Chester Castle, and to Ms knowledge was never under arrest, t Mr Hugh Macgregor, manager of the Queen's Hotel, Chester, said he was present at the interview between plaintiff and defendant, and the major's version was the correct one. Afterwards he gave Gerard a week's money in lieu of notice, as he had had complaints regarding his conduct. The jury found in favour of defendant.